A North Dakota bill would legalize medical marijuana in the state, effectively nullifying the unconstitutional federal prohibition on the same.House Bill 1430 (HB1430) would allow qualifying patients with appropriate ID cards to use medical marijuana without fear of arrest and prosecution by state law enforcement.
Qualifying conditions under HB1430 include cancer, glaucoma, AIDS, acquired immune deficiency syndrome, hepatitis C, amyotrophic lateral sclerosis, Crohn’s disease, ulcerative colitis, agitation of Alzheimer’s disease, and post – traumatic stress disorder.
In addition, patients would qualify for medical marijuana under HB1430 if they suffered from “any persistent or chronic illness or condition that, in the opinion of a physician, substantially limits the ability of a person to conduct one or more major life activities; or may cause serious harm to the patient’s safety or mental or physical health if not alleviated; if the illness or condition may be improved by the use of marijuana.”
The bill also protects the livelihood of physicians willing to prescribe medical marijuana to their patients by stating that:
A practitioner may not be subject to arrest, prosecution, or penalty in any manner, or denied any right or privilege, including civil penalty or disciplinary action by the state board of medical examiners or by any other occupational or professional licensing board or bureau, solely for providing written certifications or for otherwise stating that, in the practitioner’s professional opinion, a patient is likely to receive therapeutic or palliative benefit from the medical use of cannabis to treat or alleviate the patient’s serious or debilitating medical condition or symptoms associated with the serious or debilitating medical condition…”
Dispensaries are also protected under the bill, which states they cannot be “subject to prosecution, search, orinspection, except by the department under this chapter, seizure, or penalty in any manner, and may not be denied any right or privilege, including civil penalty or disciplinary action by a court or business licensing board or entity” as long as they comply with state law.
Most significantly, it bans state law enforcement agencies from engaging in the seizure of marijuana “or conduct any investigation, on the sole basis of activity the officer believes to constitute a violation of the Controlled Substances” as long as the activities are in compliance with the law. The bill also forbids state law …Read More